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Questions Answered by Kevin L Dixler
1 Answer | Asked in Immigration Law for Illinois on
Q: Family at O’Hare on F4 I-864 Immigration Found Inadmissible

I have family at O’Hare that is currently being detained. They were declared inadmissible because they were missing a “wavier” in which CBP did not state which waiver. Is there anyway to help them get into the country before they are “deported” back to their home country of Germany?

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

If they were declared inadmissible and summarily excluded, then it will be extremely difficult to undo the damage before the order is executed.

If they are allegedly inadmissible, then only diplomacy by negotiation can undo the determination if a mistake was made. The costs and speed in...
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1 Answer | Asked in Immigration Law for California on
Q: What If someone's US visa (F1) got revoked for OPT violation and want to go to a different nation?

Someone I know is in this situation now he got an email from the consulate that his visa got revoked on unknown grounds, "This email is to inform you that your U.S. visa has been revoked pursuant to section 221(i) of the Immigration and Nationality Act (INA) and is no longer a valid travel... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

No. This persons will be unable to enter the U.S. They will also have trouble seeking a new visa to enter the U.S., but the EU and Australia are separate matters unrelated to any decision by a U.S. Embassy. Good luck.

The above is general information, not legal advice, and does not...
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1 Answer | Asked in Immigration Law on
Q: Ive been deported from the U.S in 2017 because immigration found out I was working there illigal.how can I re-entry?

Hello,it s Riccardo here,i was deported in March 2017 in Miami airport.They found out I was working illigal when I was trying to comeback to Miami after a short holiday to sud America .The immigration officer that day told me I could actually re apply for the visa after 1-2 years but It was not... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

You were summarily excluded at the airport without a hearing before an immigration court. That means that you will eventually have to file a request for 'advanced permission to re-apply,' among other responsibilities before USCIS and the State Department can consider a different visa... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: New asylum laws, will they pass on new or old cases, or will they cover all cases that are heard in the courts?

Will the new asylum decisions affect all applicants in the past who have traffic violations such as aggravated speed and have been reduced to a petty crime? Is there sufficient reason for refusing asylum? Or take it as a reason against the person

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

If your case is still pending, and a decision is not final, then any regulation that 'actually goes into effect' will impact you if it is effective before a final decision. That is, unless the regulation is somehow modified to indicate otherwise.

The current regulations are...
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2 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

I am unmarried 30 years old. Me parents became citizens of the US. Now I am in the US, waiting for interview, because I have pending asylum case. As I understand, my parents can fill Form I-130, Petition for Alien Relative. But am I qualify for Adjustment of Status? Should my parents fill Form... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

Answer 1: Not necessarily. Answer 2: Probably not, but more information is needed. It may be in your best interest for your parents to file a form I-130 as soon as possible, but more information is needed!

It is not what you believe. You are subject to visa quotas. The Family first...
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2 Answers | Asked in Immigration Law on
Q: when exactly are CONDITIONAL green cards avoided?

I was explained that "if you have been married for less than 2 years at the time of adjudication of the request for your resident status then you will be granted the conditional status". Does that mean 2 years after which of the following:

* approval of i130

* medical... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

If 'more than two years' have elapsed from the marriage date to entrance into the U.S. 'or' when adjustment of status is granted, then the marriage visa holder is admitted as a lawful permanent resident, not just a conditional resident, who must take the additional step of... Read more »

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1 Answer | Asked in Immigration Law for Texas on
Q: my wife needs to renew her resident card but wants to try for citizenship.

she previously applied and was denied due to her interview. should she reapply or just renew her residency

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

More information is needed. A question like this requires a careful review of the decision denying naturalization. What is clear is that she cannot travel nor obtain new employment without an unexpired lawful permanent resident card. As a result, I strongly recommend an appointment or Zoom/Skype... Read more »

3 Answers | Asked in Criminal Law, DUI / DWI and Immigration Law for Wisconsin on
Q: I have a DUI homicide case on my record, can I apply as a petitioner to have my fiance come and marry me with a K1 VISA?

I was 17 years old when it happened. My sentence was 5 years prison time 5 years extended suppervision. Im 32 now and its the only blemish on my record.

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

It is likely, but more information is needed, but you should probably work with a competent immigration and visa attorney in case there are discretionary issues that create confusion for you. There may be more than one option.

If the questions are improperly answered, and that is not...
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2 Answers | Asked in Immigration Law on
Q: Am I a U.S citizen?

Im 18 years old and I live with my parents in Spain, I would like to claim my citizenship through birthright, when I was born my dad was an American citizen but he didn't stay in America for 5 years or more, is it then possible to claim it through my grandparent?

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

I agree. However, it can be difficult to unearth evidence for deceased grandparents. Often, some of us who have grandparents from other nations find it difficult to locate enough evidence to prove that we derive citizenship, elsewhere. It is unclear that you want to hire an attorney to take care... Read more »

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1 Answer | Asked in Consumer Law, Identity Theft and Immigration Law for Wisconsin on
Q: Will this affect my green card application?

My friend from China scammed me. He said his business is legit and he asked me to collect payments and send it to him. My bank closed my accounts because of it and deducted money to my other accounts to send the money back to people who marked me as fraud. Will this affect my application to get a... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 27, 2020

Yes!

If this just happened, a Federal investigation may be pending. If you spoke to Federal Officers, then you may be subject to further action in criminal court. This will delay any action and may even result in detention and deportation.

I strongly recommend an appointment with a...
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4 Answers | Asked in Immigration Law for Florida on
Q: I have a pending asylum case. My parents got US citizenship. As I know they can petition for me as for a relative.

What are cons and pros of it? Will this petition affect my employment authorization? Will it affect my asylum case? Should they do it or not?

Kevin L Dixler
Kevin L Dixler answered on Jun 28, 2020

I agree with Mr. Vega. I posted an answer to this, earlier. It is unclear whether you will need to return to your home country to consular process. You can fall out of status while you await a final decision on your asylum petition with the immigration court. As a result, I strongly recommend... Read more »

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2 Answers | Asked in Immigration Law for New York on
Q: Will my Unemployment benefits affect my wife's petition?

My wifi was unable to pass through the first interview because of income insufficiency. But now I have sent her my 2019 income tax form which meets the requirements. However she has not received her Visa.

Kevin L Dixler
Kevin L Dixler answered on Jun 19, 2020

If your wife has been denied as likely to become a public charge, then she is inadmissible. If more than 1 year has elapsed since the decision, then you may need to file, again. As a result, I strongly recommend an appointment with a competent and experienced immigration attorney before there are... Read more »

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3 Answers | Asked in Immigration Law for California on
Q: What does "NO REPRESENTATIVE OF RECORD" mean in plain english Thank you R. Conlan
Kevin L Dixler
Kevin L Dixler answered on Jun 18, 2020

It means that you represent yourself. If you have an attorney, then the attorney has not been able to entered a properly prepared appearance form to the satisfaction of USCIS, ICE, or the Department of Justice. It can also mean that one of the agencies did not see the form attached to the... Read more »

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2 Answers | Asked in Immigration Law for Massachusetts on
Q: I'm in process of filling N400 and I realized never singed up for selective service. how can I prove Wasn't aware of it

I've been married to US spouse for the last 3 years and I'm in the process of filling N400 and I just realized never applied to selective service since I never heard of it. I got my green card when I was 24 years old and I am currently 26 years. What should I do ?

Kevin L Dixler
Kevin L Dixler answered on Jun 17, 2020

You may have to wait a bit longer, unless you unknowingly registered at the time that you consular processed your visa. If you filed for adjustment of status, then you were obligated to take action. I strongly recommend an appointment or teleconference with a competent and experienced immigration... Read more »

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1 Answer | Asked in Immigration Law for New York on
Q: Hello, I am an American citizen living in NY and my soon to be fiancé is a Canadian citizen.

We have noticed from the USCIS website that the numerous K1 visa processing offices have different wait times, ranging from 5 to 22 months. How is the office our application gets sent to determined?

Kevin L Dixler
Kevin L Dixler answered on Jun 14, 2020

Those are estimated ranges for the I-129F petition processing only. Nearly ‘All’ K1 visa processing for Canadian Citizens takes place in Montreal, Quebec unless they are lawfully present in another country for a long enough period of time.

If you are confused, I strongly recommend an...
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2 Answers | Asked in Immigration Law for New York on
Q: If I married someone who entered w/o a visa. Can we divorce and he return to ecuador and then do a fiancee visa?

I am married. My husband entered without a visa. He is from Ecuador. He has been in this country for 10 years. We did taxes together and have a daughter so his presence in this country has been noted. I am from the USA. Can we just divorce and he go to Ecuador and then begin the fiancee visa... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 12, 2020

This is much more complicated. He has unlawfully lived in the U.S. for more than one year, so in addition to petitioning him, he must seek at least one waiver, perhaps others for civil violations of the Immigration and Nationality Act. He may have to seek relief before an immigration judge where... Read more »

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1 Answer | Asked in Immigration Law and Tax Law for Colorado on
Q: Can an undocumented immigrant, who was an independent contractor, file a tax return without a 1099 or W-2?

He will apply for an ITIN with the tax return.

Kevin L Dixler
Kevin L Dixler answered on Jun 12, 2020

Yes. You are a tax resident, not a permanent resident, if you reside in the U.S. for more than 183 days, so if you owe taxes, then you are required to file a Federal tax return. In addition, this filing can help confirm that you resided in the U.S. should it be necessary to prove it.

If...
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1 Answer | Asked in Immigration Law for Illinois on
Q: What happens if a conditional LPR who applied for divorce and divorce is not finalized before 2 years period?

I’m a LPR(conditional) married a US citizen for 1.6 years and due to mental harassment I had to file divorce in March 2020 but due to this pandemic it took time to get her served with the papers, I have question

1. What if divorce isn’t finalized before 2 year period?

2. What... Read more »

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

A self petition is more often filed by a divorced, not a married applicant, at any time, even after the two year period. If you lack significant evidence of abuse, then filing a self petition based upon abuse can be denied. In general, the reasons will become apparent if you value an experienced... Read more »

1 Answer | Asked in Immigration Law for Illinois on
Q: What options are available for immigrant to retain or regain legal residency after denial of I 751 petition by USCIS?

-Immigrant's I 751 petition denied for lack of evidence of bona fide marriage or marriage fraud

-Immigrant signed agreed annulment based on marriage fraud

-Immigrant has new U.S. citizen spouse

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

This is a complicated and unfortunate situation. Your new U.S. citizen spouse will be disqualified from filing a form I-130 petition as a matter of law. This is true even if the USCIS takes his form and filing fee. The fact that you have admitted that you committed marriage fraud in a sworn... Read more »

1 Answer | Asked in Divorce and Immigration Law for Illinois on
Q: I got my green card through marriage in 2014. Since 2017, I have been living separately. I want to file for citizenship.

My question is: should I get divorce before I submit for citizenship? Or wait till I get my citizenship and then get a divorce?

Thank you in advance

Z

Kevin L Dixler
Kevin L Dixler answered on Jun 11, 2020

More information is needed. How long did you live together? Did you keep any documentary evidence of the marital relationship after the applications were approved? It is unclear whether the USCIS will choose to scrutinize your marital relationship at the naturalization examination. This, in... Read more »

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